Commentary to article 488-1. Violation of the order of organization of sports and mass sports, spectacular cultural events The Code of the Republic of Kazakhstan on Administrative Offences
1. Violation of the procedure for organizing sports and mass sports, spectacular cultural events in the form of failure or late provision to local executive bodies of information provided for by legislation on culture and on physical culture and sports, -
entails a fine for individuals in the amount of twenty monthly calculation indices, for legal entities - in the amount of fifty monthly calculation indices.
2. Actions (inaction) provided for in the first part of this Article, committed repeatedly within a year after the application of administrative penalties, -
they entail a fine for individuals in the amount of forty monthly calculation indices, for legal entities - in the amount of one hundred monthly calculation indices.
The object of the administrative offense being commented on is the established management procedure in the field of compliance with the procedure for conducting sports and mass sports, entertainment and cultural events.
The objective side of part 1 of the article under consideration is characterized by one illegal action (inaction) in the form of a violation of the organization of sports and mass sports, spectacular cultural events in the form of failure to provide or untimely provision to local executive bodies of information provided for by legislation on culture and on physical culture and sports.
The procedure for organizing spectacular cultural events is provided for in Article 9-1 of the Law of the Republic of Kazakhstan dated December 15, 2006 No. 207 "On Culture". Venues for spectacular cultural events must comply with sanitary and epidemiological requirements and fire safety requirements.
In this regard, before the start of spectacular cultural events, a commission inspection of the venues is carried out in accordance with the requirements of the Joint Order of the Minister of Internal Affairs of the Republic of Kazakhstan dated January 1, 2017 No. 1 and the Minister of Culture and Sports of the Republic of Kazakhstan dated January 17, 2017 No. 9 "On approval of Instructions on ensuring the safety of sports and sports activities.mass, spectacular cultural and mass events".
For the organization and holding of spectacular cultural events, local executive bodies establish organizational committees that coordinate the activities of organizations involved in the preparation and holding of these events. In case of detection of violations of the requirements of the rules for the operation of structures, places for spectacular cultural events and fire safety, complicating the safety of individuals and participants, including in terms of dilapidation of the supporting structures of the stands, the placement of combustible substances and materials in the podium rooms, the lack of emergency lighting and escape routes, absence or malfunction fire protection equipment, as well as violations of the rules of installation and operation of electrical equipment that can lead to a fire, sanitary and epidemiological requirements, safety conditions for participants and spectators in places where spectacular cultural events are held, local executive bodies, upon submission by the internal affairs bodies or the state body in the field of sanitary and epidemiological welfare of the population, prohibit such events until the identified violations of safety conditions are eliminated.
The rules for organizing and holding sports and mass sports events are contained in Article 38 of the Law of the Republic of Kazakhstan dated July 3, 2014 No. 228 "On Physical Culture and Sports". Republican sports competitions are held by decision of the authorized body in the field of physical culture and sports and in coordination with republican accredited sports federations in accordance with the unified republican calendar of mass sports events. International sports competitions in the territory of the Republic of Kazakhstan are held by decision of international sports organizations and the authorized body in the field of physical culture and sports. These competitions are included in the unified republican calendar of mass sports events. Regional, city and district sports competitions are held by decision of local executive bodies and in coordination with the relevant local accredited sports federations in accordance with the unified regional calendars of mass sports events. Sports competitions are held according to the sports included in the register of sports on the basis of the regulations (regulations) on the competition.
The procedure for holding sports events, including training camps, was approved by the Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated November 4, 2014 No. 74 "On approval of the Rules for holding sports events".
The list of sports events and their classification are determined by the authorized body in the field of physical culture and sports, namely by the Order of the Minister of Culture and Sports of the Republic of Kazakhstan dated May 14, 2015 No. 179 "On approval of the List of types of competitions, training camps and their classifications".
Athletes who have passed a mandatory medical examination have the right to participate in the educational and training process and sports events. Sports federations and head coaches are required to ensure that organizers of sporting events comply with the procedure for using the state symbols of the Republic of Kazakhstan, as well as athletes' knowledge of the musical version and text of the National Anthem of the Republic of Kazakhstan.
Organizers of sports and mass sports events are required to inform local executive authorities no later than ten calendar days before the day of the event about the expected number of spectators, one calendar day - about the number of tickets sold, passes issued, including for vehicles, as well as parking spaces for special equipment of the internal affairs and health authorities, transport disabled people's funds.
The organizers of spectacular cultural events are obliged to:
1) to create conditions for the safety of individuals, the safety of places for holding spectacular cultural events, including the property located in them, as well as to assist the internal affairs bodies in ensuring public order;
2) to ensure the restoration of landscaping of the territory bordering the venues of spectacular cultural events, in case of its violation;
3) inform local executive authorities about the expected number of spectators no later than ten calendar days before the day of the event, one calendar day - about the number of tickets sold, passes issued, including for vehicles, as well as parking spaces for special equipment of the internal affairs and health authorities, vehicles for the disabled;
4) to place rules of audience behavior in places where spectacular cultural events are held.
The organizers of sports and mass sports events are obliged to:
1) to create conditions for the safety of individuals, the safety of places for sports and mass sports events, including the property located in them, as well as to assist internal affairs bodies in ensuring public order;
2) to ensure the restoration of landscaping of the territory bordering the venues of sports and mass sports events, in case of its violation;
3) to place rules of spectator behavior in the venues of sports and mass sports events.
The objective side of the 2nd part of the article under study is characterized by illegal actions provided for in the first parts of this article, committed repeatedly within a year after the application of administrative penalties.
The subjects of an administrative offense provided for in both parts of Article 488-1 of the Administrative Code are individuals and legal entities responsible for conducting sports and mass sports, entertainment and cultural events.
The subjective side of all parts of the article under consideration can be expressed either in the form of direct intent or by negligence.
The akim of the region, the city of republican significance and the capital, the district (the city of republican, regional significance and the capital) and his deputies have the right to consider cases of administrative offenses provided for in the article under study and impose administrative penalties (Article 729 of the Administrative Code) .
Scientific and practical commentary to the Code of the Republic of Kazakhstan on Administrative Offences (article-by-article) from the Author's team:
Bachurin Sergey Nikolaevich, Candidate of Law, Associate Professor – chapter 48 (co-authored with E.M. Khakimov);
Gabdualiev Mereke Trekovich, Candidate of Law – Chapters 11, 21, 22, 23;
Zhusipbekova Ainur Maratovna, M.yu.n. – chapter 13 (co-authored with Karpekin A.V.); chapters 33, 39 (co-authored with Seitzhanov O.T.);
Alexander Vladimirovich Karpekin, Candidate of Law, Associate Professor – chapter 13 (in collaboration with A.M. Zhusipbekova);
Korneychuk Sergey Vasilyevich – chapters 2; chapter 6 (co-authored with O.T. Seitzhanov, E.M. Khakimov); chapter 8; chapter 25 (co-authored with E.M. Khakimov); articles 457-470, 488, 488-1, 491-506; chapters 28, 30, 52;
Ilya Petrovich Koryakin, Doctor of Law, Professor – Chapter 49;
Kisykova Gulnara Bauyrzhanovna, Candidate of Law – chapter 20;
Omarova Botagoz Akimgereevna, Candidate of Law – chapters 17; chapter 18 (co-authored with B.A. Parmankulova); chapters 26, 31; chapter 32 (co-authored with B.A. Parmankulova);
Parmankulova Bayan Askhanbaevna – chapter 18 (co-authored with Omarova B.A.); chapters 19, 32 (co-authored with Omarova B.A.); chapter 43 (co-authored with Tukiev A.S.);
Podoprigora Roman Anatolyevich, Doctor of Law, Professor - Chapter 24, articles 489, 489-1, 490;
Porokhov Evgeny Viktorovich, Doctor of Law – Chapters 14, 15, 16, 29, articles 471-475;
Seitzhanov Olzhas Temirzhanovich, Candidate of Law, Associate Professor, – chapter 4; chapter 5 (co-authored with E. M. Khakimov); chapter 6 (co-authored with S.V. Korneychuk, E.M. Khakimov); chapter 9; chapter 10 (co-authored with B.E. Shaimerdenov, V.V. Filin); chapter 33 (co-authored with Zhusipbekova A.M.); chapter 36 (co-authored with Shaimerdenov B.E.); chapter 39 (co-authored with Zhusipbekova A.M.);
Smyshlyaev Alexander Sergeevich, PhD. – chapters 38, 40, 42, 43-1 (co-authored with A.S. Tukiev); chapter 44;
Aslan Sultanovich Tukiev - Candidate of Law, Associate Professor – chapters 1, 3, 35; chapters 38, 40, 42, (co-authored with A.S. Smyshlyaev); chapter 43 (co-authored with B.A. Parmankulova); chapter 43-1 (co-authored with A.S. Smyshlyaev); chapter 44-1 (co-authored with Shipp D.A.); chapter 45; 46 (co-authored with Shipp D.A.); chapter 47;
Filin Vladimir Vladimirovich, Candidate of Law, Associate Professor – Chapter 10 (in collaboration with O.T. Seitzhanov, B.E. Shaimerdenov);
Yerzhan Maratovich Khakimov, M.yu.n. – chapter 5 (co-authored with O.T. Seitzhanov); chapter 6 (co-authored with O.T. Seitzhanov, S.V. Korneychuk); chapter 7; chapter 25 (co-authored with S.V. Korneychuk); chapters 34, 41; chapter 48 (co-authored with S.N. Bachurin); chapter 53;
Shaimerdenov Bolat Yerkenovich, M.yu.n., – chapter 10 (co-authored with O.T. Seitzhanov, V.V. Filin); chapter 12; articles 476-487, 507-509; chapter 36 (co-authored with O.T. Seitzhanov); chapters 37, 50, 51.
Shipp Denis Alekseevich – chapters 44-1, 46 (in collaboration with A.S. Tukiev).
Date of amendment of the act: 01.01.2020 Date of adoption of the act: 01.01.2020 Place of acceptance: 100050000000 Authority that adopted the act: 103001000000 Region of operation: 100000000000 NPA registration number assigned by the regulatory body: 5 Status of the act: new Sphere of legal relations: 029000000000 / 028000000000 / 029002000000 / 028004000000 / 029001000000 / 026000000000 / 001000000000 / 001008000000 / 030000000000 The form of the act: COMM / CODE Legal force: 1900 Language of the Act: rus
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